Browsing by Author "Luambano, Tasco Romanus"

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    The East African court of justice and human rights protection: challenges and opportunities
    (University of Dar es Salaam, 2016) Luambano, Tasco Romanus
    The study at hand examines the East African Court of Justice (EACJ) and the status of Human Rights protection in the EAC Partner States. The study postulates that, the EACJ is not particularly effective in protecting human rights in EAC Partner States. This hypothesis was based on two major premises. First, the EACJ is hampered by legal challenges in protecting and promoting human rights in the EAC Partner States. Second, lack of opportunities hinders the EACJ in protecting and promoting human rights in the EAC. In a nutshell, the study reveal that the most serious legal challenge undermining the EACJ is ambivalence in defining the Court’s mandate in human rights cases. Nonetheless, the EACJ continues to hear and determine cases which involve human rights violation. Apart from its contentious human rights jurisdiction, the EACJ also operates in an ad hoc fashion. Other identified challenges includes; poor public awareness, absence of an effective enforcement mechanism of court’s judgments, language barrier and differences in the legal system among the EAC Partner States. Finally, the study urges the EAC Partner States to adopt an additional Protocol to vest the EACJ with human rights jurisdiction. Further, the EAC Bill of Rights needs to be integrated into the EAC legal framework along with enhanced public awareness. Furthermore, the study call upon the EAC Partner States to put in place a feasible mechanism of enforcing the Court’s judgments, in addition to increasing the EACJ’s budget and engaging Judges on a permanent and pensionable basis.
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    Reflections on land use conflicts between farmers and pastoralists in the light of the bill on rights in Tanzania
    (University of Dar es Salaam, 2010) Luambano, Tasco Romanus
    This study made reflections on land use conflicts between farmers and pastoralists in the light of the bill of rights in Tanzania. The objective of this study was to examine the existing conflicts over land use between farmers and pastoralists in the light of the bill of rights of Tanzania. The study was focused only on Tanzania Mainland. This study came up with the following findings; firstly, although the international human rights instruments and the bill of rights in the Tanzania constitution clearly provide for the right to property and the freedom of movement as among the fundamental rights there are no clear rules set by the government to regulate the enjoyment of these rules. Secondly, there is no elaborate policy on land use which has exacerbated the farmers and pastoralists conflicts in Tanzania. Thirdly, although the International human rights instruments and the constitution of Tanzania of 1977 set an obligation to observe promote and protect human rights, yet, Tanzania has minimum standard to adhere to this obligation. It is recommended that, Tanzania should adhere to International Human Rights Instruments which it has signed, ratified and domesticated and observe the Bill of Rights of the Constitution of 1977. It should also prepare clear and elaborate policy and legal regime to regulate land use conflicts. So the government should take initiative and become very serious in handling farmers and pastoralist’s conflicts over land use.